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5 Common Myths About a Florida Petit Theft Charge — And Why You Should Take It Seriously

Facts vs Myths
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If you’ve been arrested or given a notice to appear for a Petit Theft in Florida, you may think it’s just a minor issue that will go away on its own. But the truth is, a Petit Theft charge is a criminal offense that can have long-term consequences for your record, your reputation, and your future.

As an experienced criminal defense lawyer in Florida, I’ve seen how misunderstandings, false accusations, or small mistakes can lead to serious legal trouble. It’s important to know the facts — and the myths — about Petit Theft so you can protect yourself.


What is Petit Theft in Florida?

Under Florida Statute 812.014, Petit Theft occurs when someone unlawfully takes property valued at less than $750. The most common example is the issue at self check out - shoplifting, but Petit Theft can apply to any situation where someone is accused of taking property without permission, even if they claim they intended to return it.

Depending on the value of the property and prior offenses, Petit Theft can be charged as a second-degree misdemeanor or a first-degree misdemeanor, both of which carry the risk of jail time, fines, probation, and a permanent criminal record.


Top 5 Myths About Petit Theft in Florida

Myth 1: Petit Theft is “No Big Deal”

Reality: Even though it’s called “petit,” this charge is anything but minor. A conviction for Petit Theft can result in criminal penalties and leave you with a permanent record that shows up on background checks for jobs, housing, and more.


Myth 2: Petit Theft Only Applies to Shoplifting

Reality: Shoplifting is just one type of Petit Theft. You can be charged with Petit Theft for taking misplaced property, failing to return borrowed items, or being involved in a misunderstanding over ownership. We had a client recently who was charged after the client picked up a lost phone, and was going to bring it to lost and found the next day, but police showed up at her door.


Myth 3: If You Return the Property, Charges Are Dropped

Reality: Returning the property may help during plea negotiations, but it does not automatically make the charges go away. Prosecutors can still move forward with the case based on the original allegation. Stores like Walmart and Target prosecute all of the cases, regardless if they recovered the merchandise.


Myth 4: First-Time Offenders Don’t Need a Criminal Defense Lawyer

Reality: Even if this is your first offense, you need experienced legal representation. A skilled Florida criminal defense attorney can often help you avoid a conviction by negotiating for dismissal, pretrial diversion, or other favorable outcomes. Without proper legal help, you risk serious, lifelong consequences.


Myth 5: There’s No Way to Fight a Petit Theft Charge

Reality: Every case is unique, and there are often strong legal defenses available. An experienced defense lawyer may challenge the evidence, question the intent to steal, raise ownership disputes, or point out constitutional violations like an illegal search or arrest.


Petit Theft Charges in Florida Are Serious — But You Have Options

If you or a loved one has been arrested or given a notice to appear for a Petit Theft in Florida, don’t make the mistake of assuming it will simply go away. You have legal rights — and the sooner you speak to a qualified criminal defense attorney, the better your chances of protecting your record and your future.

We often hear, that clients are told, just go to court and resolve your case. The reality: you will not fully understand what you are giving up by entering a plea or resolving your case without legal representation. This can be very costly in the end.


Charged with Petit Theft? Call Us Today for a Free Consultation.

Don’t face this alone. Our team has the knowledge, experience, and dedication to defend your case. Contact us today to discuss your options.

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